- (1.) Heard learned counsel for the petitioner, Sri Nisheeth Yadav, learned counsel appearing for respondent no. 2 and learned Standing Counsel for the State.
(2.) Brief facts of the case are as follows:- The petitioner's mother Smt. Kiran Jalan w/o Sri Shyamanand Jalan was allotted plot no. N-68 in Sector Delta of Greater Noida by the Greater Noida Industrial Development Authority/respondent no. 2 vide allotment letter dated 05.12.1994. In this letter, it was stated that the plot would be allotted by December, 1996 but the allotment actually materialized only by August, 1998, copies of the allotment intimation letter dated 05.12.1994 and allotment letter dated 20.08.1998 have been brought on record as annexure no. 1 to this writ petition. As per the allotment letter, the execution of lease deed was to start from 01.05.1999, however, lease deed was ultimately executed only on 27.03.2003 and thereafter, a possession certificate was issued to the petitioner on 28.03.2003 and in pursuance thereof actual possession was handed over to the petitioner only on 28.03.2003, a copy of the lease deed has also been brought on record as annexure no. 2 to the writ petition.
(3.) It is necessary at this stage to refer to certain clause of lease deed which was executed on 27.03.2003. Clause 23(b) of the lease deed reads as under:- "23 (b) That the Lessee shall have to erect and complete building on the leased land within nine years from the date of allotment or upto December, 2003 whichever is earlier, unless extension is allotted by the lessor in exceptional circumstances and on such conditions as it may impose, (Extension of one year, two year and three year may be granted by the lessor on payment of 4% for 1st year, 6% for IInd year and 8% for IIIrd year, of the total premium of the plot, as an extension charges by the lessee) ";